Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANDE, MUMBAI
MISC. APPL. NO. 3383 OF 2025
C.C.NO. 19/PS/2024
ORDER BELOW EXH.01
The applicant/accused has made an application for grant of
no objection for issuance of passport.
2. It is the contention of the applicant that he desires to
perform the religious pilgrimage of Haji at the holy cities of Makkah and
Madinah in the Saudi Arabia during the forthcoming pilgrimage season.
For that purpose, he is in need of valid passport and Saudi VISA.
Therefore, he wants to apply for passport. Therefore, he prays for grant
of no objection for issuance of passport.
3. The learned APP has filed his say and opposed the
application on the ground the present case is pending against the
accused and his presence is necessary during the trial. If the accused
permitted, he may not appear for trial. He prays to reject the
application.
4. I.O. has filed his say and resisted the application on the
ground that the applicant/accused will abscond and he will not remain
present for trial. He prays to reject the application.
5. It appears from the record that charge-sheet is already
filed. The accused is Indian citizen which is not challenged by the I.O.
Therefore, it is a right of an Indian citizen to have Indian passport.
Therefore, if permission is granted to obtain passport, it does not mean
that permission to travel abroad is granted. The applicant/accused has
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to seek permission of this court to travel abroad. Therefore, mere
allowing the accused to obtain passport will not prejudice the
prosecution. So considering the facts and circumstances, I proceed to
pass the following order :
ORDER
1. Issue No-Objection letter to the passport authority for issuance of
passport to applicant, for a period of ten years.
Date : 30.09.2025 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai
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